Right Servers Terms of Service (TOS)

Managed service provider terms of service for managed hosting | Right Servers

Right Servers Inc. ("The Company," "Right Servers," "Us," or "We") undertakes to provide services to the Subscriber in accordance with the terms and conditions set out below (TOS).
All services provided are subject to Right Servers' Terms of Service (TOS), Acceptable Use Policy (AUP), and Privacy Policy. These papers may be amended from time to time at the Company's discretion. Subscriber acknowledges that the Company's modification of the TOS, AUP or Privacy Policy shall not constitute grounds for contract termination or non-payment.
This Agreement shall be construed in accordance with the laws of the Canadian province of Ontario, city of Waterloo that govern contracts enforceable in that jurisdiction.

Service Account

To access or establish a User account, Users must register or create one by supplying all needed data or information in a comprehensive and true way. Failure to do so will result in the Service being unavailable.
Users are responsible for maintaining the confidentiality and security of their login credentials. As a result, users are also obliged to select passwords that adhere to the maximum-security requirements authorized by Right Servers.
By joining, Users agree to accept full responsibility for any and all activity conducted with their username and password. Users are required to notify Right Servers immediately and unambiguously via the contact information provided in this document if they believe their personal information, including but not limited to User accounts, access credentials, or personal data, has been compromised, improperly disclosed, or stolen.

Account Termination

Users may cancel their account and discontinue use of the Service at any time by contacting Right Servers directly via the Right Servers helpdesk or the contact information provided in this page.

Account suspension and deletion

Right Servers retains the right to suspend or cancel the User's account at any time and without prior warning, or at the sole discretion of Right Servers, under the following circumstances:

  • The User has acted inconsistently with these Terms.
  • Right Servers, other Users, or third parties may suffer harm as a result of the User's access or usage.
  • The User's usage of Right Servers may result in a breach of applicable laws or regulations.
  • in the event of a legal inquiry or governmental participation.
  • The account or its usage is judged to be improper, objectionable, or in violation of these Terms by Right Servers in its sole discretion.

Suspending or deleting User accounts waives Users' rights to restitution, damages, or reimbursement. Suspending or deleting accounts for reasons attributable to the User does not relieve the User of the need to pay any applicable fees or rates.

Content on Right Servers

Unless otherwise noted or readily identifiable, all content made accessible on Right Servers is the property of or licensed to Right Servers or its licensors. Right Servers makes every effort to guarantee that the content available on Right Servers does not violate any relevant laws or third-party rights. However, this may not always be possible. Without limiting Users' legal rights to assert their rights, Users are cordially requested to submit such concerns using the contact information provided in this article.

Rights regarding content on Right Servers - All rights reserved

All intellectual property rights in and to such content are owned and reserved by Right Servers. As a result, users may not use such content in any way that is not required or implied by appropriate use of the Service. Users may not copy, download, share (except as expressly permitted below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties, or create derivative works from the content available on Right Servers, nor may they permit any third party to do so through the User or their device, even without the User's knowledge.
Where expressly indicated on Right Servers, the User may download, copy, and/or share some content made accessible via Right Servers for his or her own personal and non-commercial use, provided that all copyright and other attributions required by Right Servers are properly applied.
Any legislative restriction or exemption to copyright that may apply shall remain undisturbed.

Access to external resources

Users may gain access to external resources supplied by third parties using Right Servers. Users agree and accept that Right Servers has no control over and is thus not responsible for the content or availability of such resources. Conditions applicable to third-party resources, including those applicable to any conceivable transfer of rights in content, are determined by the terms and conditions of each such third-party or, in the absence of them, by relevant statutory legislation.

Acceptable use

Right Servers and the Service may be used only in accordance with these Terms, the Acceptable Use Policy (AUP), and relevant legislation.
Users are entirely responsible for ensuring that their use of Right Servers and/or the Service complies with all relevant laws, regulations, and rights of third parties. As a result, Right Servers reserves the right to take any appropriate measure to protect its legitimate interests, including denying Users access to Right Servers or the Service, terminating contracts, and reporting any misconduct committed via Right Servers or the Service to appropriate authorities – such as judicial or administrative authorities – whenever Users engage in or are suspected of engaging in any of the following activities:

  • infringe against applicable laws, regulations, and/or these Terms.
  • infringe on the rights of third parties.
  • Right Servers' legitimate interests are significantly harmed.
  • infringe the rights of Right Servers or any third party.

Disclosure to Law Enforcement

The AUP expressly bans using our service for illicit purposes. As a result, Subscriber acknowledges that the Company may disclose any and all subscriber information, including assigned IP addresses, account history, and account use, to any law enforcement agent that makes a written request without the Subscriber's agreement or notification. Additionally, Right Servers has the right to discontinue all services provided under this Agreement.

Terms And Conditions Of Sale

Paid Services

Certain Services offered on Right Servers as part of the Service are chargeable. The costs, duration, and terms of purchase for such Services are detailed in the dedicated parts of the Right Servers website. The User must first register or log onto Right Servers in order to purchase Services.

Description of the Services

Prices, descriptions, and availability of Services are detailed in their relevant Right Servers sections and are subject to change without notice.
While Services on Right Servers are presented with the greatest technical accuracy possible, representation on Right Servers via any means (including, as applicable, graphic material, images, colors, and sounds) is for reference purposes only and does not imply any warranty regarding the purchased Services’ characteristics.
During the purchase process, the attributes of the selected Service will be detailed.


Procurement procedure

The purchasing process encompasses all processes from service selection through order submission.
The purchasing process consists of the following steps:

  • Users must pick the Services they wish to purchase and confirm their decision.
  • Users may submit their order after reviewing the information presented in the buy choices.

Order submission

When the User places an order, the following conditions apply:

  • By submitting an order, a contract is formed and the User is obligated to pay the amount, taxes, and any other fees or expenditures stated on the order page.
  • If the acquired Service requires active input from the User, such as the provision of personal information or data, specifications, or particular requests, the submission of the order imposes an obligation on the User to comply in accordance with those requirements.
  • Users will get an order confirmation email once their order has been submitted.

All notifications pertaining to the aforementioned buying procedure will be sent to the email address given by the User.

Prices

Users are advised during the purchase process and prior to submitting their order of any fees, taxes, and expenses (including, if applicable, shipping costs).
Prices stated on Right Servers are exclusive of any relevant fees, taxes, and charges.

Payment

The establishment of this service is contingent to the Company receiving payment of the mentioned prices. Subsequent payments are payable on the month's anniversary date for service rendered that month. The preceding applies to all Right Servers accounts and services.

Fees and Penalties

Accounts that are three days past due will have service suspended. A $75 reconnect fee will apply if service is suspended due to nonpayment. Accounts that are not paid by the due date will incur a $25 late fee. Accounts that Right Servers is unable to collect may be handed over to an independent collection agency. You agree to pay the firm a "Processing and Collection" Fee of not less than $50 nor more than $250 if your account is turned over for collection. If you wish to terminate your account, please follow the method specified in this TOS.

Refunds & Complaints

Right Servers does not provide refunds on any of its payments. This covers the one-time setup price as well as ongoing payments based on use. All billing discrepancies or overcharges must be notified within 60 days of the occurrence of the discrepancy. If you dispute a charge to your credit card issuer that Right Servers determines to be lawful under the TOS and/or AUP, you agree to pay Right Servers an "Administrative Fee" of not less than $50 and not more than $250.

Inability to Pay

The Company has the right to suspend service or cancel this Agreement if Subscriber fails to pay charges when due. Such cancellation or refusal will not absolve Subscriber of liability for all accrued costs, including reasonable interest and collection expenses. End customers who have been impacted by a reseller's inability to pay their dues will be able to contact Right Servers and obtain service directly following the cancellation of the servers.

Methods of payment

During the purchase procedure, information about approved payment methods is made available.
Certain payment methods may be subject to extra terms or fees. In such circumstances, information about the relevant fees may be obtained in the Right Servers order forms.
All payments are processed independently via third-party providers. As a result, Right Servers does not collect payment information – such as credit card numbers – but instead gets notice after the payment has been completed successfully.
If a payment is unsuccessful or is denied by the payment service provider, Right Servers is not obligated to fulfill the purchase order. Any charges or fees incurred as a consequence of a failed or denied payment should be paid by the User.

Exclusive usage of Virtual Currency within Right Servers

Certain payments on Right Servers may be made using a Virtual Currency. Unless otherwise specified, such Virtual Currency is not convertible, exchangeable, or redeemable for traditional currencies, other open digital currencies, products, or other assets.
By acquiring Virtual Currency, Users accept and understand that it may be used only within Right Servers and for the explicit reasons approved by Right Servers within the context of its Services. Additionally, users realize and agree that such Virtual Currency may not be transferred, purchased, sold, or exchanged outside of the Service.
As a result, Users may not sublicense, trade, sell, or attempt to sell Virtual Currency for money, or exchange Virtual Currency for any other kind of value outside of the specific service offered by Right Servers. Any such banned usage or transaction shall be deemed null and invalid, and the User may face legal action.
In the event that a contract or account is terminated for any reason attributable to the User, all unused Virtual Currency will be lost and no reimbursement will be issued.

Authorization for future PayPal and credit card payments

If Users use the PayPal functionality that enables future purchases, Right Servers will save an identifying code associated with the Users' PayPal account. This authorizes Right Servers to handle payments automatically for future purchases or recurring installments of previous transactions. Similarly, Right Servers will save an identifying code with its credit card processor Stripe to handle payments automatically for upcoming invoices due for payment.
PayPal authorization may be canceled at any time by contacting Right Servers or by modifying your PayPal subscription after logging into PayPal. You are also able to remove your credit card details at anytime by logging in to the Right Servers billing portal.

Retention of Rights of Use

Users do not gain any rights to use the bought Service until Right Servers receives the whole purchase fee.

Offers and discounts

Right Servers may give discounts or special deals on Service purchases. Any such offer or discount is always subject to the qualifying requirements and terms and restrictions specified in the applicable part of Right Servers.
Right Servers has the right to provide offers and discounts at its sole discretion.
Repeated or recurrent offers or discounts do not create any claim/title or right in the future that Users may assert.
Discounts or special deals may be good for a limited period only. If an offer or discount is time-limited, the time indications correspond to Right Servers's time zone, Eastern Standard Time (EST), unless otherwise noted.

Coupons

Coupons can be used to create offers or discounts. If any of the Coupon criteria are violated, Right Servers may lawfully refuse to perform its contractual duties and clearly retains the right to pursue necessary legal action to safeguard its rights and interests.
Regardless of the provisions below, any additional or conflicting restrictions governing the use of the Coupon that are stated on the related information page or on the Coupon itself will always take precedence.
Unless otherwise specified, the following rules apply to the redemption of Coupons:

  • Unless otherwise indicated, Coupons are only valid for new orders.
  • Each Coupon is only valid if used in accordance with the terms and conditions mentioned on the website and/or the Coupon.
  • A Coupon may be used in full at the time of purchase - partial usage is not authorized.
  • Unless otherwise specified, single-use Coupons may be applied only once per transaction, including in circumstances requiring installment-based payments.
  • A Coupon cannot be used in conjunction with another Coupon or offer unless otherwise indicated.
  • The Coupon may be redeemed only within the time period mentioned in the deal. After this time period, the Coupon will immediately expire, precluding the User from claiming any of the applicable rights, including cash-out.
  • If there is a disparity between the Coupon's face value and the redeemed value, the User is not entitled to any credit/refund/compensation.
  • The Coupon is for personal, non–commercial use only. Any replication, counterfeiting, or commercial trading of the Coupon, as well as any criminal action linked to the purchase and/or use of the Coupon, are strictly prohibited.

Delivery

Performance of services

The ordered service should be completed or made accessible within the time period indicated on the Right Servers website or as otherwise notified prior to order submission.

Duration of the contract

Trial period

Users can evaluate Right Servers or chosen Service for free during a limited, non-renewable trial period, only as indicated on the website for chosen Services. During the trial time, certain features or capabilities of Right Servers may be unavailable to Users.

Additional trial period parameters, including length, will be posted on Right Servers.
Unless the User cancels the purchase prior to the trial period expiring, the trial period will automatically convert to the comparable paid Service.

Subscriptions

Subscriptions enable Users to get a Service on a continuous or periodic basis for a specified amount of time.
Paid memberships commence on the day Right Servers receives payment.
Users must pay the requisite recurring cost on a timely basis in order to continue subscriptions. Inadequate compliance may result in service outages.

Subscriptions with an open-ended term

Open-ended subscriptions may be discontinued at any time by notifying Right Servers in a clear and unambiguous manner using the contact information provided in this article or using the client portal. Terminations shall take effect 30 days after Right Servers receives notification of termination.

User Rights

Right of withdrawal

Unless certain limitations apply, the User may cancel the contract within the period mentioned below, for any reason and without any reasons. This section contains more information regarding the withdrawal criteria.

Who is covered by the withdrawal right

The right of withdrawal is a consumer protection measure meant to protect European consumers in the event of distance contracts (because the User is not able to see or try the Service before closing the contract). Withdrawal from a contract releases the contracting parties from their obligation to fulfill the deal.
On Right Servers, all Consumers, regardless of their location, have the right of withdrawal.
Unless any of the exceptions listed below apply, Consumers have the right to withdraw from a contract within the stated term applicable to their situation, for any reason and without justification.
Users who do not meet these criteria are not entitled to the rights outlined in this section.

Custom Orders

Custom order bear costs that Right Servers would not have otherwise incurred and will therefore not be included in the withdrawal right; this should be outlined during the pre-sales process and indicated on the invoice but in case it is not, the User does not have a right to withdrawal from custom orders.

Exercising the withdrawal right

To exercise their right of withdrawal, Users must provide an unequivocal declaration to Right Servers indicating their decision to terminate the relationship.
Users may accomplish this by utilizing the model withdrawal form located in the "definitions" section of this page. Users, on the other hand, are permitted to communicate their desire to withdraw from the contract in any other manner they deem appropriate. To fulfill the deadline for exercising this privilege, Users must send the withdrawal notification prior to the withdrawal period expiring.

When does the grace period for withdrawals expire?

The withdrawal term for the purchase of a service is 14 days from the day the contract is entered into, unless the User has waived the withdrawal right.

Effects of withdrawal

Users who withdraw from a contract in a timely manner will be repaid by Right Servers for all payments made to Right Servers, including, if applicable, payments for delivery expenses.
However, any additional costs incurred as a result of selecting a delivery method other than the cheapest basic delivery option given by Right Servers will not be compensated.
Such compensation should be given without excessive delay and, in any case, within 14 days of Right Servers receiving notice of the User's withdrawal from the contract. Unless the User agrees differently, refunds will be provided using the same method of payment as the initial transaction. In any case, the User shall bear no charges or fees associated with such refund.

...on the acquisition of services

When a User exercises his or her right of withdrawal after requesting that the service be rendered prior to the withdrawal period expiring, the User shall pay Right Servers a fee proportionate to the percentage of service completed.
Such payment should be equivalent to the portion of service delivered till the User withdraws in comparison to the contract's full scope.

Rates for Services

Subscriber acknowledges that he or she has been informed of the nature of the Service provided and the introductory rates and charges. Subscriber acknowledges that the Company reserves the right to alter the mentioned rates and charges at any moment. The promotional offer is conditional on the Company meeting and maintaining its cost of service objectives, which include but are not limited to the rates paid by its suppliers.

Domain DNS Propagation

Within 24 hours after the install date, all new webhosting accounts containing new domains will be configured and added to our DNS servers. However, due to unanticipated issues, this process may occasionally take up to two business days.

Domain Transfers

New webhosting accounts that require the transfer of a domain from another provider to Right Servers typically take a minimum of seven (7) days to become effective and registered in our DNS servers. Such transfers may take up to fourteen (14) days in some instances. Due to the uncertain nature of the transfer procedure, no assurances are offered as to the duration of a particular transfer.

Support Boundaries

Right Servers provides round-the-clock technical support to its subscribers. Our technical help is limited to our areas of expertise. Our guidelines for offering assistance are as follows: Right Servers provides assistance for the physical operation of your server or virtual site. Right Servers does not provide technical help for application-specific difficulties such as programming, compiling, or any other issue of a similar nature. Technical assistance for your clients is not provided by Right Servers unless explicitly indicated on the service. If you are able to send an email, we invite you to do so to support@rightservers.com. If you are able to connect to the Internet and have more questions, you may find the answers on our home page at https://www.RightServers/members - we strongly advise you to do so first. Finally, the documentation included with the application may have the answer to your question; thus, please study these resources before contacting technical help.

Cancellation of Account

All cancellation requests must be made in writing to Right Servers with at least seven days (30 days for private clouds) advance written notice (or Helpdesk ticket submission). To cancel an account, you must have access to all account details and must be authorized to close the account by the original account holder.
Subscriber recognizes that the service supplied is of such a type that it may be interrupted for a variety of causes other than the company's carelessness and that damages arising from such an interruption are difficult to quantify. As a result, Subscriber accepts that the firm is not liable for any losses resulting from factors beyond the company's direct and exclusive control. Additionally, the Subscriber accepts that the company's liability for its own carelessness may not exceed an amount equal to the expenses incurred by the Subscriber for services during the month which the losses occurred. The firm shall not be liable for any indirect, special, or consequential damages, loss, or harm.

Backups and Data Loss

You use the service entirely at your own risk. Right Servers performs daily backups but is not liable for any files or data stored on your account. You agree to bear all responsibility for files and data transferred and to keep all necessary backups of files and data saved on Right Servers’ infrastructure.

Money back Guarantee

Right Servers provides a 30-day money-back guarantee on the majority of its Services; nevertheless, Right Servers has the right to exercise this right at its sole discretion.
On written request, all new Right Servers customers are entitled for a 30 day money back guarantee on Services that offer the 30 day money back guarantee (some Services do not offer a money back guarantee). A new customer is defined as someone who has never purchased services from Right Servers previously. Additionally, if a client orders a second, third, or subsequent hosting plan and decides to cancel that package, the consumer is not entitled for a refund. If you exceed your bandwidth allotment within the first 30 days of service, you will be ineligible for the 30-day money-back guarantee. If you break the TOS/AUP agreed upon throughout the purchase process, you forfeit your right to a 30 day money back guarantee. The 30 day money back guarantee can only be exercised once for each client; you cannot request a refund on multiple servers unless explicitly written and approved by Right Servers management.

Service Level Agreement (SLA)

Right Serves guarantees a 99.9% service level agreement.
If your hosting server has physical downtime that exceeds the 99.9 percent uptime guarantee, you may be reimbursed, but the reimbursement will not exceed the cost of one month of service. Right Servers has the right to deny refunds based on the explanation presented. Third-party monitoring service data may not be used as justification for a variety of reasons, including the monitor's network capacity/availability of transit. The server's uptime is defined as the time reported by the server's operating system, which may differ from the time recorded by individual services.

SLA Credit

If in any given month Right Servers fails to meet the 99.9% uptime guarantee, subscribers are eligible to request a credit on their Service.
Before you can apply to receive a credit, you must meet the below criteria in order to be eligible for an SLA credit:

  • Your account must be in good standing (no overdue invoices)
  • You must submit a ticket through our helpdesk (https://rightservers.com/members) to the billing department
  • All requests must be submitted within 5 days of the reported downtime
  • All requests must contain a ticket # of the service interruption

The SLA credit will be calculated using the following credit structure:

Right Servers is not responsible for downtime related to the services listed below and as such will not issues credits for the following:

1. Internal services such as MySQL, Apache, PHP, etc

2. Scheduled downtime or planned maintenance

3. Interruption of service due to unpaid invoices, abuse notifications and violations of TOS/AUP

4. ISP or local connection problems

5. Customer-controlled downtime

6. Acts of Force Majeure

This SLA is subject to change at the sole discretion of Right Servers and will be updated on the web site. Any changes made to this SLA will take effect 5 days after it is published.

Complaints

Any behavior that generates a genuine complaint will result in the server's immediate deactivation. The User agrees to enable access to the server in order to determine the source of the problem. Any installed software deemed to be solely for the purpose of scanning ports, spidering e-mail addresses, abusing proxies, or any other conduct that resulted in the complaint will result in the account being cancelled immediately.

SPAM Policy

We have a zero-tolerance policy for unsolicited e-mail, mass emailing, and spam. "Safe lists" and "dual opt-in" are considered spam. Spammers will have their accounts canceled with or without warning.
SPAM-advertised websites may not be hosted on our systems. This clause applies to SPAM distributed by fax, email, instant messaging, or UseNet/newsgroups, but is not restricted to it. Our servers may not be used to host any organization or entity specified in the ROKSO. Any account that results in the blacklisting of our IP address space will be promptly suspended and/or terminated.
Right Servers maintains the right to require adjustments to or disable any website, account, database, or other component that does not adhere to its defined policies, or to make such modifications in the event of an emergency.

SPAM Fees

Right Servers retains the right to levy a clean-up fee to the owners of the account used to send unsolicited e-mail. The cost of the clean-up charge is totally up to Right Servers' discretion as the effort required to remedy the situation different on a case-by-case basis. The clean-up fee will include charges for server damage, the process of clearing up the Spam, and any additional fees incurred at management’s discretion for the efforts used to clear our IP space and IP reputation.
A mandatory cost of $500.00 USD will be assessed in response to the Spam on Right Servers’ networks, but keep in mind this is a minimum fee without a maximum penalty set; IP reputation can sometimes affect the surrounding IPs not directly used by the Subscriber depending on the level of Spam sent by the Subscriber.

Network

IP Address Ownership

If Right Servers assigns Customer an Internet Protocol address (IP) for Customer's use, the right to use that Internet Protocol address shall remain solely with Right Servers, and Customer shall have no right to use that Internet Protocol address during the term of this Agreement, except as permitted by Right Servers in its sole discretion in connection with the Services. Right Servers shall retain and control ownership of any Internet Protocol numbers and addresses allocated to Customer by Right Servers, and Right Servers maintains the right, in its sole and absolute discretion, to modify or delete any and all such Internet Protocol numbers and addresses. Our IP address allocation is constrained by ARIN's new restrictions. These new regulations say that the usage of IP addresses for IP-based virtual hosts cannot be used to justify the creation of additional IP addresses. This means that you MUST utilize name-based hosting wherever feasible. We will frequently examine IP address usage and, if we discover that customers are utilizing IP addresses that may be utilized for name-based hosting, we will remove authorization to use those IP addresses.

Bandwidth Transfer & Disk Usage

Customer acknowledges that bandwidth and disk use will be limited to the number of megabytes per month specified on the Order Form for the Services bought by Customer (the "Agreed Usage"). The appropriate servers will keep an eye on the Customer's bandwidth and disk consumption. If Customer's bandwidth or disk consumption exceeds the Agreed Usage, Right Servers has the right to take remedial action. Corrective action may include the imposition of extra costs, the disconnection or discontinuation of any and all Services, or the termination of this Agreement, all of which are entirely at Right Servers's discretion. If Right Servers takes remedial action pursuant to this provision, Customer will not be entitled to a refund of any fees received in advance of such action. If a client exceeds the specified allotment, Right Servers may, at its sole discretion, charge a deposit to the customer's credit card on file with Right Servers.

System & Network Security

It is unlawful for users to breach or try to violate the Right Servers Network's security. System or network security violations may result in legal or criminal responsibility. Right Servers will investigate occurrences that may involve such violations and may co-operate with law enforcement authorities in prosecuting Users who commit such violations. These infractions include, but are not limited to:

  • Accessing data that is not intended for such User or entering into a server or account for which such User is not permitted.
  • Without sufficient authority, attempting to probe, scan, or test the vulnerability of a system or network, or to compromise security or authentication procedures.
  • Attempting to disrupt service to any user, host, or network by overloading, "flooding", "mail bombing", or "crashing".
  • Forging any TCP/IP packet header or portion of a TCP/IP packet header in an e-mail or newsgroup posting.
  • Taking any action that entitles the User to services to which he or she is not entitled.

Right Servers has the right to modify these terms and conditions at any moment. All Right Servers Sub-Networks, resellers, and services must comply to the aforementioned regulations. Any violation of any term or condition will result in immediate cancellation. You shall be held liable for your clients' behavior in the manner specified in these Terms and Conditions.

Disclaimer of Warranties

The service offered by Right Servers is solely on a "as is" and "as available" basis. Users use the Service at their own risk. To the fullest extent permitted by law, Right Servers expressly disclaims all conditions, representations, and warranties — express, implied, statutory, or otherwise — including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. User acknowledges that no advice or information, whether oral or written, acquired from the owner or via the Service will establish any warranty not expressly expressed above.
Without limiting the foregoing, Right Servers, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, and suppliers, and employees make no warranty that the content is accurate, reliable, or correct; that the Service will meet Users' requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is virus- or other harmful component-free. Any content downloaded or otherwise received from the Service is done so at the user's own risk, and users are entirely liable for any damage to their computer system or mobile device, or loss of data, resulting from such download or usage.
Right Servers makes no representations or warranties about any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and Right Servers will not be a party to or monitor any transaction between Users and third-party providers of products or services.
The Service may become unavailable or may cease to work correctly when used with a User's web browser, mobile device, or operating system. Right Servers is not responsible for any alleged or real damages resulting from the Service's content, operation, or usage.
Certain implied guarantees are not excluded or limited by federal law, some states/provinces, or other jurisdictions. The exclusions set out above may not apply to Users. This Agreement confers particular legal rights on Users, and Users may also have additional rights that differ by state/province. This agreement's disclaimers and exclusions shall not apply to the extent prohibited by relevant legislation.

Limitations of liability

To the fullest extent authorized by relevant law, Right Servers, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees shall not be liable for the following:

  • any indirect, punitive, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in any way connected with the use of, or inability to use, the Service.
  • any damage, loss, or injury caused by unauthorized access to or use of the Service, User account, or the information contained within through hacking, tampering, or other unauthorized means.
  • any typographical errors, omissions, or inaccuracies in the information.
  • Personal harm or property damage of any kind arising from User access to or use of the Service is expressly prohibited.
  • any unauthorized access to or use of Right Servers' secure servers and/or any and all personally identifiable information kept on them.
  • any failure or interruption of transmission to or from the Service.
  • any bugs, viruses, worms, or Trojan horses that may be sent to or via the Service.
  • no responsibility for any inaccuracies or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.
  • any User's or third party's defamatory, offensive, or unlawful behaviour. Right Servers, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees shall not be liable for any claims, proceedings, liabilities, obligations, damages, losses, or costs in excess of the amount paid by User to Right Servers in the preceding 12 months, or the duration of this agreement between Right Servers and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by applicable law, regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and regardless of whether the company has been advised of the possibility of such damage.
Due to the fact that certain countries do not provide the exclusion or limitation of incidental or consequential damages, the limitations or exclusions set out above may not apply to User. The agreements confer upon User particular legal rights, and User may also have additional rights that differ by jurisdiction. The terms' disclaimers, exclusions, and limitations of responsibility shall not apply to the extent that relevant legislation prohibits them.

Indemnification

The User agrees to defend, indemnify, and hold harmless Right Servers and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising out of or in connection with:

  • The manner in which the User uses and accesses the Service, including any data or material transmitted or received by the User.
  • User's violation of these terms, including but not limited to User's breach of any of these terms' claims and warranties.
  • Violations of third-party rights by the user, including, but not limited to, privacy and intellectual property rights.
  • Violations of any statute law, rule, or regulation by the user.
  • any material submitted from the User's account, including content accessed by third parties using the User's unique username, password, or other security measure, if applicable, including, but not limited to, misleading, false, or incorrect information.
  • Intentional wrongdoing on the part of the user.

Miscellaneous Provisions

No Waiver

Failure by Right Servers to enforce any right or term of these Terms shall not be construed as a waiver of such right or provision. No waiver of such term or any other term shall be construed as a subsequent or continuing waiver of such term or any other term.

Interruptions in service

To maintain the highest possible service level, Right Servers maintains the right to stop the Service for maintenance, system updates, or any other reason after properly notifying Users.
Right Servers may also choose to stop or cancel the Service entirely, according to applicable legislation. If the Service is discontinued, Right Servers will work with Users to ensure that Personal Data or other information is removed in line with relevant legislation.
Additionally, the Service may be unavailable for a period of time owing to circumstances beyond Right Servers' reasonable control, such as "force majeure" (eg. labor actions, infrastructural breakdowns or blackouts etc).

Reselling of services

Without the express prior written consent of Right Servers, either directly or via an authorized resale scheme, users may not replicate, duplicate, copy, sell, resell, or exploit any component of Right Servers and its Service.

Policy on privacy

To understand more about how their Personal Data is used, Users may see Right Servers' privacy policy.

Modifications to these Terms

Right Servers has the right, at any time, to change or modify these Terms. In such instances, Right Servers will notify the User appropriately of the modifications.
Such modifications will have no effect on the User's connection in the future.
Continued use of the Service constitutes acceptance of the amended Terms by the User. Users who do not intend to be bound by the modifications shall immediately discontinue use of the Service. In the event that any party does not accept the new Terms, either party may cancel the Agreement.
Prior to the User's approval, the relationship shall be governed by the appropriate earlier version. Any prior version may be obtained from Right Servers.
If relevant legislation requires it, Right Servers will identify the date on which the updated Terms will take effect.

Contract assignment

Right Servers retains the right to assign, transfer, novate, or subcontract any or all of its rights or duties under these Terms, while taking into consideration the User's legitimate interests. Changes to these Terms shall be governed by the provisions set out below.
Without the express written approval of Right Servers, users may not assign or transfer their rights or responsibilities under these Terms in any way.

Contacts

All communications about the usage of Right Servers must be sent to the address specified in this article.

Severability

If any term of these Terms is considered or becomes illegal or unenforceable under applicable law, such provision's invalidity or unenforceability shall not impact the legality of the remaining provisions, which shall continue in full force and effect.

Resolution of disagreements

Users may submit any issues to Right Servers, who will attempt an amicable resolution.
While Users' right to pursue legal action remains unchanged, Users are respectfully requested to contact Right Servers using the contact information provided in this document in the case of any disagreement involving their usage of Right Servers or the Service.
The User may send a complaint to admin@rightservers.com, together with a brief explanation and, if relevant, details of the linked transaction, purchase, or account.
Right Servers will investigate and resolve the complaint without excessive delay and within one business day of receipt.

Last updated March 22, 2022

Right servers privacy policy

Managed service provider terms of service for managed hosting | Right Servers

Introduction

Right Servers Inc. (“we” or “us” or “our”) respects the privacy of our users (“user” or “you”). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website https://www.rightservers.com/, including any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the “Site”). Please read this privacy policy carefully.  If you do not agree with the terms of this privacy policy, please do not access the site.

We reserve the right to make changes to this Privacy Policy at any time and for any reason.  We will alert you about any changes by updating the “Last Updated” date of this Privacy Policy.  Any changes or modifications will be effective immediately upon posting the updated Privacy Policy on the Site, and you waive the right to receive specific notice of each such change or modification.

You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Site after the date such revised Privacy Policy is posted.

Collection Of Your Information

We may collect information about you in a variety of ways. The information we may collect on the Site includes:

Personal Data

Personally identifiable information, such as your name, shipping address, email address, and telephone number, and demographic information, such as your age, gender, hometown, and interests, that you voluntarily give to us when you register with the Site or when you choose to participate in various activities related to the Site, such as online chat and message boards. You are under no obligation to provide us with personal information of any kind, however your refusal to do so may prevent you from using certain features of the Site.

Derivative Data

Information our servers automatically collect when you access the Site, such as your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before and after accessing the Site.

Financial Data

Financial information, such as data related to your payment method (e.g. valid credit card number, card brand, expiration date) that we may collect when you purchase, order, return, exchange, or request information about our services from the Site. We store only very limited, if any, financial information that we collect. Otherwise, all financial information is stored by our payment processor, Paypal and Stripe, and you are encouraged to review their privacy policy and contact them directly for responses to your questions.

Data From Social Networks

User information from social networking sites, such as Facebook, Instagram, Twitter, including your name, your social network username, location, gender, birth date, email address, profile picture, and public data for contacts, if you connect your account to such social networks.

Mobile Device Data

Device information, such as your mobile device ID, model, and manufacturer, and information about the location of your device, if you access the Site from a mobile device.

Third-Party Data

Information from third parties, such as personal information or network friends, if you connect your account to the third party and grant the Site permission to access this information.

Surveys

Personal and other information you may provide when responding to surveys.

Use Of Your Information

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience.  Specifically, we may use information collected about you via the Site to:

  • Create and manage your account.
  • Assist law enforcement and respond to subpoena.
  • Compile anonymous statistical data and analysis for use internally or with third parties.
  • Deliver targeted advertising, coupons, newsletters, and other information regarding promotions and the Site to you.
  • Email you regarding your account or order.
  • Enable user-to-user communications.
  • Fulfill and manage purchases, orders, payments, and other transactions related to the Site.
  • Generate a personal profile about you to make future visits to the Site more personalized.
  • Increase the efficiency and operation of the Site.
  • Monitor and analyze usage and trends to improve your experience with the Site.
  • Notify you of updates to the Site s.
  • Offer new products, services, and/or recommendations to you.
  • Perform other business activities as needed.
  • Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.
  • Process payments and refunds.
  • Request feedback and contact you about your use of the Site.
  • Resolve disputes and troubleshoot problems.
  • Respond to product and customer service requests.
  • Send you a newsletter.
  • Solicit support for the Site

DISCLOSURE OF YOUR INFORMATION

We may share information we have collected about you in certain situations. Your information may be disclosed as follows:

By Law or to Protect Rights

If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation.  This includes exchanging information with other entities for fraud protection and credit risk reduction.

Third-Party Service Providers

We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.

Marketing Communications

With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.

Interactions with Other Users

If you interact with other users of the Site, those users may see your name, profile photo, and descriptions of your activity, including sending invitations to other users, chatting with other users, liking posts, following blogs.

Online Postings

When you post comments, contributions or other content to the Site, your posts may be viewed by all users and may be publicly distributed outside the Site in perpetuity.

Third-Party Advertisers

We may use third-party advertising companies to serve ads when you visit the Site. These companies may use information about your visits to the Site  and other websites that are contained in web cookies in order to provide advertisements about goods and services of interest to you.

Affiliates

We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.

Business Partners

We may share your information with our business partners to offer you certain products, services or promotions.

Other Third Parties

We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law.

Sale or Bankruptcy

If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity.  If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party.  You acknowledge that such transfers may occur and that the transferee may decline honor commitments we made in this Privacy Policy.

We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations.  If you no longer wish to receive correspondence, emails or other communications from third parties, you are responsible for contacting the third party directly.

Tracking Technologies

Cookies and Web Beacons

We may use cookies, web beacons, tracking pixels, and other tracking technologies on the Site to help customize the Site and improve your experience. When you access the Site, your personal information is not collected through the use of tracking technology. Most browsers are set to accept cookies by default. You can remove or reject cookies, but be aware that such action could affect the availability and functionality of the Site. You may not decline web beacons. However, they can be rendered ineffective by declining all cookies or by modifying your web browser’s settings to notify you each time a cookie is tendered, permitting you to accept or decline cookies on an individual basis.

We may use cookies, web beacons, tracking pixels, and other tracking technologies on the Site to help customize the Site and improve your experience. For more information on how we use cookies, please refer to our Cookie Policy posted on the Site, which is incorporated into this Privacy Policy. By using the Site, you agree to be bound by our Cookie Policy.

Internet-Based Advertising

Additionally, we may use third-party software to serve ads on the Site, implement email marketing campaigns, and manage other interactive marketing initiatives.  This third-party software may use cookies or similar tracking technology to help manage and optimize your online experience with us.  For more information about opting-out of interest-based ads, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.

Website Analytics

We may also partner with selected third-party vendors, to allow tracking technologies and remarketing services on the Site through the use of first party cookies and third-party cookies, to, among other things, analyze and track users’ use of the Site, determine the popularity of certain content and better understand online activity. By accessing the Site, you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policy and contact them directly for responses to your questions. We do not transfer personal information to these third-party vendors. However, if you do not want any information to be collected and used by tracking technologies, you can visit the third-party vendor or the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.

You should be aware that getting a new computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings

Third-party Websites

The Site may contain links to third-party websites and applications of interest, including advertisements and external services, that are not affiliated with us. Once you have used these links to leave the Site, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third-party websites, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from the Site.

Security Of Your Information

We use administrative, technical, and physical security measures to help protect your personal information.  While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse.  Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.

Policy For Children

We do not knowingly solicit information from or market to children under the age of 18. If you become aware of any data we have collected from children under age 18, please contact us using the contact information provided below.

Pipeda Fair Information Principles

The PIPEDA fair information principles form the backbone of privacy law in Canada and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with PIPEDA fair information principles we will take the following responsive action, should a data breach occur: We will notify the users via email within 7 business days
We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.

Anti-spam Law

The Anti-Spam Law is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
To be in accordance with Anti-Spam Law we agree to the following:
If at any time you would like to unsubscribe from receiving future emails, you can and we will promptly remove you from ALL correspondence.

Controls For Do-not-track Features

Most web browsers and some mobile operating systems include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected.  No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online.  If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.

Options Regarding Your Information

Account Information

You may at any time review or change the information in your account or terminate your account by:

  • Logging into your account settings and updating your account
  • Contacting us using the contact information provided below

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

Emails and Communications

If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by:

  • Noting your preferences at the time you register your account with the Site
  • Logging into your account settings and updating your preferences.
  • Contacting us using the contact information provided below

If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.

Contact Us

If you have questions or comments about this Privacy Policy, please contact us at:

Right Servers Inc
440 Philip Street
Waterloo, ON, Canada
N2L 5R9

Email: Admin@rightservers.com

Right Servers
Acceptable Use
Policy

Managed service provider terms of service for managed hosting | Right Servers

This Acceptable Use Policy (AUP) regulates the use of any hosting services, hosting solutions, cloud services, and other hosting related services (collectively, the "Services") provided by Right Servers Inc., its suppliers, brands, and affiliates ("Right Servers"). This AUP is an important component of your agreement with Right Servers and is included into the conditions on which Right Servers grants you the right to access or use the Services by reference. Acceptance of this AUP is implied by your access to or use of the Services. Right Servers maintains the right to modify this AUP at any time, and such revisions shall take immediate effect upon publication of the updated AUP or upon communication of the changed AUP to you.

General Statement

The goal of this AUP is to provide standards for users' anticipated behavior when using the Services, as well as the sorts of activities and content that are inconsistent with Right Servers' mission and values. This AUP is designed to safeguard Right Servers' Services, employees, and customers, as well as end users, against improper, inappropriate, abusive, or unlawful behaviour. Right Servers has the right to suspend or cancel your access to and use of the Services if it thinks you have violated this AUP.

Responsibility and Prohibited Use

You are accountable for the actions of your agents, representatives, and end users ("Users") and must ensure that they adhere to this AUP. The Services shall be used solely for legitimate business and commercial purposes, and you shall not use the Services for any activities that Right Servers, in its sole discretion, deems to be illegal, offensive, abusive, or that interferes with or adversely affects the Services or their use (including deliberate attempts to overload a system and broadcast attacks), or that exposes Right Servers to criminal or civil liability.
The following are some instances of restricted behaviors, however this is by no means a complete list. You and your Users agree not to use the Services for the following purposes:

  • hacking, phishing, spamming, scamming, identity theft, fraud, forgery, deceit, virus or malware distribution, network assaults, or interfering with the use of the Services by another user. It is completely prohibited to use the Right Servers service to transmit any unsolicited commercial or mass e-mail. Violations of this nature will immediately suspend the offending Right Servers account pending verification of its origin.
  • Access to, surveillance of, acquisition of, or use of data, systems, or networks that is not allowed. The use of Right Servers' servers to get access to or attempt to gain access to other people's accounts, or to penetrate or even attempt to infiltrate our own or another entity's security measures, is strictly banned. Additionally, this would be cause for immediate suspension or termination.
  • Transmitting, distributing, or storing illegal or fraudulent information or material, or information or material that infringes or violates any privacy, intellectual property, publicity, or other personal rights, including but not limited to any copyright, patent, trademark, trade secret, or other proprietary right. Making fraudulent promises to sell or acquire things, items, or services, or advancing any form of financial scam such as "pyramid schemes," "ponzi schemes," or "chain letters" using the Right Servers service. It is prohibited to use the Right Servers service to link to unlicensed copyrighted material.
  • Engaging in objectionable behavior such as harassing or communicating or publishing information that is obscene, libelous, threatening, abusive, promotes violence, or breaches a law, regulation, or public policy. Utilization of the Right Servers service to transmit any content that harasses someone (through e-mail, uploading, publishing, or otherwise).
  • Subscribers to Right Servers shall be held liable and responsible for any action conducted by third parties using their account that violates the Acceptable Use Policy's rules.
  • Remote reboot ports are featured as a standard feature in a number of our solutions. However, its usage is accompanied with a warning that details the possible hazards of improper use. Ignoring this notice is against our acceptable usage policy and may result in the cancellation of your server. Using your remote reboot option on a live server or frequently within a short period of time voids any potential hardware replacement required to bring your server back up and disables this functionality for that server. Your password is the means through which you get access to your account. It is entirely up to you to keep your password safe. It is illegal to share your password or account access with unauthorized individuals. You should use caution to avoid unauthorized use of your account, as you will be held liable for such usage.

Additionally, you and your Users are required to comply with all relevant laws, rules, and regulations governing your use of the Services, including data protection and privacy laws, as well as laws governing unsolicited commercial electronic messages.

Right Servers's Rights

Right Servers retains the right to conduct an investigation into any actual, suspected, or claimed breach of this AUP at any time. You agree to assist fairly with Right Servers in investigating and resolving any real or suspected violation of this AUP by you or any User. Additionally, Right Servers maintains the right to assist with legal authorities and any parties in investigating any claimed violations of this AUP, including disclosing the identify of any User responsible for such violation. The appropriate servers may employ technical safeguards to avoid AUP breaches.
Nothing in this AUP shall be construed as limiting Right Servers' legal or equitable rights or remedies.

Consequences of Violations of this AUP

If Right Servers reasonably believes you or your User have violated this AUP, Right Servers may immediately suspend your Services, cancel your agreement with Right Servers, and/or block any traffic that Right Servers reasonably believes is in violation of this AUP. Along with any other remedies available to Right Servers, it may charge you its usual hourly rate, appropriate legal costs, and the cost of equipment and material necessary to investigate, react to, and correct any violations of this AUP.

Disclaimer

Right Servers has no obligation to monitor user activity and disclaims all liability for any User's misuse of the Services. Right Servers is not liable for any content or information generated, stored, maintained, communicated, or accessible on or via the Services by Users or other third parties, and is not required to monitor or exercise editorial control over such material. Right Servers may, but is not compelled to, prevent access to such information if it becomes aware that it violates this AUP and/or exposes Right Servers to legal or criminal responsibility. Unless expressly specified differently in this AUP, Right Servers disclaims any liability to any individual who has not entered into a contract with Right Servers for the use of the Services.

REPORTING VIOLATIONS OF RIGHT SERVERS AUP
Right Servers urges that anybody with knowledge about a possible violation of this AUP contact the Abuse Department at admin@rightservers.com.

REVISIONS TO THIS ACCEPTABLE USE POLICY
Right Servers reserves the right to revise, amend, or modify this AUP, our Terms of Service (TOS) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our Terms of Service (TOS).

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